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Soldier denies allegations in wrongful death suit

Soldier denies allegations in wrongful death suit

Soldier denies allegations in wrongful death suit

WHAS11.com

Posted on January 26, 2012 at 3:14 PM

Updated Thursday, Jan 26 at 3:14 PM

ELIZABETHTOWN, Ky. (AP) -- A Fort Campbell soldier sued for wrongful death in the slayings of two women has denied the allegations in court documents and is asking that the lawsuit be dismissed.
  

Brent Burke says he did not kill his estranged wife, Tracy Burke, or her former mother-in-law, Karen Comer at Comer's home in Rineyville in 2007, according to The News-Enterprise (http://bit.ly/zHBxkq ).
  

Burke has spent more than four years behind bars after being criminally charged in the fatal shootings.
  

The Hardin County prosecutor took the case to a jury twice, but both trials ended without a unanimous verdict. After the last mistrial, the Army filed charges against him in the slayings. His general court martial is scheduled to begin next month.
  

The civil suit was filed last month on behalf of Burke's two children and his former brother-in-law and seeks compensation for loss of consortium to be determined by a jury.
  

In addition to denying the claims, Burke said the statute of limitations is "an absolute and complete defense" and that the law doesn't allow his children to sue him.
  

"(The defendant) hereby asserts that a child cannot bring a civil suit against a parent in the Commonwealth of Kentucky and pleads this as an absolute and complete defense," his response reads.
  

Burke is being held at the Christian County jail without bond.
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Information from: The News-Enterprise, http://www.thenewsenterprise.com
 

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